3 Reasons to Hire a Real Estate Lawyer

Buying real estate is an exciting time. Whether it’s a new home or commercial property, new possibilities await and with that comes optimism and opportunities. Buying real estate is also an extremely stressful time. There’s risk – financially and emotionally. And the pressure you are under is immense. With so much at stake and so much that can wrong if

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What To Do If Your Insurance Company Won’t Pay

When you experience property damage, there’s so much more at stake than just getting your property fixed. There are financial concerns, emotional concerns, and other business and personal concerns that extend far beyond what caused the initial disruption in the first place. Getting things back to normal as quickly as possible is imperative to restoring normalcy and leveling the myriad

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How to Prepare for Hurricane Season in Florida

Across the globe, disaster planning has taken on a whole new meaning for many people, and while a viral pandemic like the coronavirus is certainly unique, we here in Florida have lived through other disasters and know what it’s like to have our daily lives completely upended by a force wholly out of our control. It is also why we

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Common Real Estate Myths Debunked, Part 1: Getting the Keys to Your New Property

With so many moving parts in any real estate transaction, it’s easy to see how myths and misconceptions about homeownership and the purchase process can begin to circulate among friends, family, and the internet. As real estate attorneys at Silverberg | Brito, PLLC, we’ve heard our share of them and wanted to dedicate a series of blog posts to debunking

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What to Know About Business Interruption Coverage in the Era of Coronavirus

The coronavirus -so fast-moving and stealthy – has quickly made its way around the globe, and the resulting COVID-19 pandemic has put us all on edge. Not only is it posing very serious and life-threatening health risks, it has also forced many of our businesses to completely shut down. Restaurants, retail, and entertainment venues are shuttered; many offices are vacant

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Important Questions to Ask About Title Insurance

Among one of the hundreds of decisions you’ll have to make when buying a house is whether or not to buy title insurance. While every homeowner’s situation is different, we generally encourage our clients to consider making the relatively minimal investment in order to protect such a large financial purchase for the long haul (for an overview of what title

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Why Hurricane Season Preparation Starts Now

We hate to be the bearers of bad news, fellow Floridians, but whether we like it or not, hurricane season is fast approaching. And while there are a whole host of unknowns that come with storm season, one thing we know for certainty is that it pays to be prepared. Another thing we know? It’s never too early to start

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What Does a Real Estate Attorney Do?

Most homeowners work with a real estate agent when buying or selling a home, but what about a real estate attorney? This is an area that can seem more ambiguous to some, but an attorney’s role couldn’t be more important to the success of a real estate transaction. If you have questions about what a real estate attorney does and

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Do You Still Get to Pick Your Real Estate Attorney if You are the Seller?

In most real estate transactions, there are generally three key players at the table: the buyer, the seller, and the lender. Each player has a stake in the transaction, and each should be doing what they can to protect their interests and assets throughout the process. The best way to do this? Ensure that you have representation. No matter which

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Understanding the Real Estate Closing Process in South Florida

Once you’ve found your dream home and chosen to move forward with the purchase, many steps have to take place on the road to closing day. Let’s walk through some of those important steps that happen during the real estate closing process in Florida. What happens at a real estate closing? During a real estate closing in Florida, the buyers

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When to Hire a Real Estate Attorney to Close on Your Property

All of the excitement, stress, and anxiety related to a real estate transaction culminates on one final day – closing. It’s the big day when final papers are signed (a lot of them!), checks are passed (big ones!), and you finally get the keys to your new kingdom. Closing on your Florida property signals more than just the transferring of

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Coronavirus and Silverberg Brito

Changes Due to Coronavirus The one constant in life is change. With that in mind, we wanted to take a moment to address Coronavirus (COVID-19). At Silverberg | Brito, PLLC we are taking the pandemic seriously. In order to do our part to stop its spread, and make sure our staff is able to continue working on your case, our

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Why You Need a Real Estate Attorney in Order to Buy or Sell Your Property

For most people, buying a home will be one of the biggest purchases of their lives. What’s more, aside from just the financial investment in the property, there can also be a significant emotional investment as well. Given such an investment, it goes without saying that property owners should do what they can to ensure their legal rights are protected

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What is Title Insurance and Do You Need it?

Like all types of insurance, title insurance is designed to offer you financial protection in the event that unforeseen problems arise with your property’s ownership history, which could result from errors in the titling records of your home or other past ownership issues. There are two types of title insurance policies – one that covers the mortgage lender (required by

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Why Does Insurance Litigation Take So Long?

Waiting to receive your insurance settlement can seem like it takes forever. We hear you loud and clear. And sadly, it can take far too long, as we’ve seen played out in claim after claim throughout the state of Florida. Our elected officials and the Florida Senate Insurance and Banking Committee knows it’s a problem, and we need to continue

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When You Should Hire a Real Estate Attorney in Florida

Real estate transactions are not run-of-the-mill purchases for most people (and for those that they are, they likely have a full team of lawyers working round-the-clock for them). Purchasing real estate can be incredibly complex; involve numerous clauses, agreements, and sheer paperwork to read through (and understand!); expose problems you didn’t know you needed to be aware of; and so

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Tenants’ Rights: What to Know About Rent, Fees, and Deposits

As a renter in Florida, you have to be more than just savvy. You must be attentive to every last detail, especially those that get spelled out in your lease agreement. After all, understanding what you will be responsible for and knowing when to hold your landlord accountable are important for protecting yourself if things go awry. In this post

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Is it Too Late to Hire an Attorney for Your Insurance Claim?

Spoiler alert: No (if the claim is less than five years old)! According to Florida Statute §95.11, the statute of limitations for property damage claims in Florida is typically five years. Here in Florida, homeowner’s insurance premiums are among the highest in the nation primarily due to our elevated risk for damage caused by natural disasters. Anyone who has faced

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Tenants’ Rights: What to Do If Your Landlord Won’t Repair Your Property

8In our Tenants’ Rights series on our blog, we’ve discussed numerous issues facing Florida renters and lessees. From understanding your security deposit to knowing what to do if you experience wind, water, mold or damage from some other disaster, the lines between who is responsible for what can often feel blurred if you don’t know your legal rights. At Silverberg | Brito,

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What to Do First When Filing an Insurance Claim

It happened. You never thought it would, but disaster struck and now you’ve found yourself in a position that requires you to file a claim with your insurance company for your Florida home. Aside from the emotional shock you may be experiencing, a torrent of logistical questions are also likely floating around your head. First and foremost, what should you

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Tips for Talking to Your Elected Representatives About Your Insurance Claim Stories

If there’s one thing that’s sure to stir up conversation at the dinner table, it’s talk about the insurance claims process in Florida. It seems like no matter who you meet, we all have a story (or two, or three…) to share about an experience we’ve had with an insurance company. Very rarely do these stories end with big smiles

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You vs. Your Insurance Company: When It’s Not an Even Playing Field

As a property owner, you need insurance coverage. There’s simply no way around it. So, you do your research, crunch the numbers, and try to find a reputable insurance company to offer you protection in the unfortunate event that something happens to your home. As you make the purchase, you consider it to be a contractual partnership – you invest

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Thinking about Buying a Property in SoFla? Don’t Forget to Consider These 3 Things

Considering the benefits of investing in a property in South Florida? It’s easy to see why. After all, there’s a reason it’s called the Sunshine State. While we’re naturally a little biased since we’re also proud to call Miami home, it’s evident that our communities and our state have a lot to offer in terms of entertainment, culture, education, and

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How to Know if You Should Hire a Property Insurance Attorney

Hiring a property insurance attorney may not be something you routinely think about doing. We hope that you may never need to, either. But living in Florida, chances are good that you just may find yourself experiencing property damage at some point or another, be it from a strong storm or other unforeseen devastation. If you experience damage, you may

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Tenants’ Rights: What to Know if Your Landlord Sells the Property You’re Renting

You’re well into the term of your lease, and it happens: Your landlord sells his or her property and your residential or commercial building gets a new owner. Even if it doesn’t come as a surprise, you may still fear what kind of impact it could have on you. And while properties change hands for a variety of reasons all

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5 Important Tips to Remember When Filing an Insurance Claim

At Silverberg | Brito, PLLC, we partner every single day with people just like you who are attempting to navigate an insurance claim. While every insurance claim and every insurance policy are different, there are some important similarities among them – chiefly, that you, as the policyholder, are entitled to a fair and just settlement. If ever you feel like

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What Happens if I Sue My Insurance Company and Lose?

Taking legal action against your insurance company is a big step – one that comes with a certain amount of uncertainty and risk no matter the case. So it’s no surprise that many of our clients across Florida feel apprehensive about the process and have a lot of questions about what to expect during litigation. Rest assured, at Silverberg |

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What to Look for in a Mitigation Company

When disaster strikes, you need to call in the clean-up crew…fast! But, like all services you use, you’ll want to first spend some time researching your options to make sure the company you hire will do a thorough and professional job. Damage of any kind, but specifically water damage, needs to be handled swiftly and attentively to prevent further damage

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Questions to Ask a Public Adjuster in Florida Before You Hire Them

After experiencing a devastating loss to your Florida property – whether it be from fire, flooding, wind, vandalism, or other damage – it can feel overwhelming to know where to even begin trying to piece together your life and property. Not only do emotions tend to run high during times like these, navigating the insurance claims process can also become

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Common Ways Insurance Companies Deny Property Insurance Claims in Florida

We buy homeowners insurance to protect ourselves against damage and loss resulting from misfortune. We expect that if and when there’s a time we need to call upon our insurance company for help, we expect we’ll be treated fairly and compensated appropriately for the damages incurred. Yes, we hope for this; unfortunately, this rarely happens. But amid any such misfortune

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The Role of Mediation in Insurance Litigation

In the many stages of insurance litigation, mediation generally happens before trial. The judge often orders mediation to be held before heading to a trial. Alternatively, the parties can agree to mediate earlier without a court order. What is Mediation? Mediation is led by a neutral third-party (the mediator) who works with the disputing parties to reach an agreement. Important

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What Happens During Discovery?

Insurance litigation can be a lengthy process. While we do our best to keep things moving forward, each step takes time, especially when we find ourselves waiting on the opposition. But what we’ve found to be most helpful for our clients is educating them on what to expect and keeping them informed of our progress every step of the way. To

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How to Create a Home Inventory

Working in insurance litigation, we can’t stress to our clients enough the importance of creating (and regularly updating) an inventory of your home and possessions. While it’s easy to think you’ll remember everything you have in your house and be able to write it all down if something truly does happen, that’s not always the case, especially in moments of

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What Policy Holders Need to Know about Assignment of Benefits Reform in Florida

Over the past decade across Florida, we have seen skyrocketing property insurance rates. According to the insurance companies, this is in large part due to litigation initiated by some restoration and mitigation companies utilizing the Assignment of Benefits (AOB) clause in insurance contracts. What insurance companies claim was happening with Assignment of Benefits Ill-intentioned contractors were getting policyholders to sign

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Tenants’ Rights: Understanding Your Security Deposit

When you choose to rent or lease a property, you’re making the choice to enter into a contractual obligation with a landlord. Every contract will have its differences, but a big part of nearly every renter’s agreement is the security deposit. While not required by law (though there are laws to govern its application, specifically Florida Statue §83.49, most landlords

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What to Look for in a Property Insurance Attorney

Whether you’ve potentially experienced bad faith by your insurance company or you simply want legal guidance on your side from day one when you file a property insurance claim in Florida, there are many factors you should weigh as you look for an experienced and reputable attorney to help you find justice. More than anything, you should look for an

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What to Expect When Filing a Lawsuit Against Your Property Insurance Company in Florida

For most of our Florida clients, entering into insurance litigation feels like entering into uncharted territory. It’s intimidating, daunting, and completely unknown. At Silverberg | Brito, PLLC, we understand this wholeheartedly, which is why it’s our priority to make sure our clients feel understood and informed throughout the entire process. If you filed a claim that your property insurance company

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How Long Does Insurance Litigation Take?

When clients come to us with questions about insurance litigation, one that always rises to the top is, “How long will it take?” This is an understandably big concern. We know how challenging it can be to wait in limbo and remain uneasy about your case against your insurance company.   While the answer truly does depend on your case,

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Tenant’s Rights: Know What Should be in your Residential and Commercial Leases

When renting or leasing a space, you, as the tenant, as well as your landlord each maintain certain rights and responsibilities. Many of these are spelled out in the lease agreement, but not all of them may be. Before signing any kind of lease, it’s important to carefully read the full terms and ask questions if you don’t understand something.

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The Most Common Claims that Receive Their Full Property Damage Claim Amounts

As a property owner, you take pride in the home and life you’ve built, and you want to protect your property as best as you can.  One action you take is insuring your property so that you’re covered in the event of a disaster. As a hard-working Floridian, it only makes sense that you want to do everything in your

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10 Tips on Staying Safe After a Hurricane

While we’re accustomed to heeding warnings leading up to a hurricane and most of us do our part to protect our property and families before and during a storm by checking off the items on our hurricane checklist and packing our emergency hurricane go-bag, it can be easy to let the importance of taking safety precautions after a storm slide in

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12 Essential Items You Need to Pack in Your Hurricane Go-Bag

Whether you’re new to Florida or have been living in the greater Miami area for most or all of your lives like we have, you know the kind of life-threatening damage a major storm can inflict. While there’s no stopping the winds and rains, we can do our part to ensure that our homes are properly protected and that we

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Tenants’ Rights: What to Know About Mold

In this second of our series on tenants’ rights, we dive into the topic of mold in your rented or leased space. (Missed our first post in the series on tenants’ rights? Check out what to know about wind and water damage. As discussed, a tenant is entitled to certain rights including being provided a safe and livable home or

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When Should You Hire an Attorney for Your Insurance Claim

Throughout Florida, we’re no strangers to extreme weather events that can wreak havoc on our properties and cause serious devastation in our lives (P.S. – Are you prepared for this year’s storm season? Check out our hurricane checklist and start taking action today.). But it’s not just weather events that may prompt us to file a claim with our insurance

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How Big of a Claim do I need in Order to Qualify for Insurance Litigation?

Here’s the short answer: There’s no claim too big or too small to qualify for an insurance case. Now let’s walk through the longer answer in a bit more detail. When you experience damage to your property – no matter the size – it causes more than just an inconvenience. Whether it’s your home or business property, rental or investment

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Tenants’ Rights: What to Know About Wind and Water Damage

If you’re renting or leasing a space, you’re entitled to certain tenant rights including being provided a safe and suitable living space that is sheltered from wind, water, and other elements. But as a tenant, it can sometimes feel unclear as to who is responsible for taking care of certain repairs and damage, especially those resulting from a major storm

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Buying a Property in SoFla this Summer: Here’s what You Need to Know

The real estate market in South Florida is booming, and for us Miamians, it’s not surprising to see why. With plenty of sunshine, beaches, and endless opportunities for entertainment and culture, buying a home in any of our great communities is a no-brainer. But buying a house is not all sunshine and roses. There are some serious considerations you need

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Your Hurricane Checklist: How to Prepare for This Year’s Storm Season

As Miamians, if there’s one thing we know with certainty, it’s that there will be a storm season. It’s never an “if” or even a “when.” It’s a “how big will it be” state of mind that we’ve come to expect as summer rolls around each year. And while we can’t stop the winds and rains, one thing we can

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What You Didn’t Know about Insurance Litigation

Spoiler alert: insurance litigation doesn’t cost you a dime. When you purchase property insurance, you do so with the understanding that the terms set forth in the policy agreement will be followed through in the event of an unforeseen disaster. And many insurance companies do act in good faith to handle claims fully and in accordance with the policy. But

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Hurricane Irma

We all hear in Miami and Miami-Dade County about Hurricane Irma. We are preparing for what to do in Miami when Hurricane Irma comes. First, make sure you have your supplies. Make sure to protect your valuables and take pictures of your insurance documents. Put your treasures in ziploc and waterproof containers. Take pictures and videos of your homes, fences,

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Steven Silverberg, Esq. Published in St. Thomas Law Review

Recently, managing partner, Steven Silverberg, Esq. was published in the St. Thomas Law Review! Steven worked tirelessly on his paper regarding the option to repair. He credits his family and friends for all their input in helping him to get published on the issue of the Option to Repair for the State of Florida. The Option to Repair is a

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2017 Legislative Session

I recently went to Tallahassee to meet with the Miami-Dade delegation and some lobbying groups. What I found was going on there is fascinating. First, the Miami-Dade delegation is in extremely powerful seats including the second most powerful, which is Carlos Trujillo, as chair of the appropriations committee. He is the chair of the committee who controls the State purse.

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What do I do after Hurricane Matthew damaged my home?

The quick and dirty answer is protect your property from further damage because of Hurricane Matthew. This may be done by calling a restoration company, putting a bucket under anything leaking, putting a tarp over your roof, and of course cleaning up any standing water. Make sure you document the damages by taking pictures and videos of the damages to

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Heritage Property & Casualty Insurance Company’s Less than Ethical Behavoir

At Silverberg|Brito, PLLC not only do we focus on our clients but we are keeping track of the insurance industry as a whole. As many may know, recently, Heritage P&C requested a rate hike of approximately 14.9% throughout the State of Florida. After receiving intense public scrutiny, Heritage relinquished and did not raise rates. However, let’s look at whether Heritage

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Citizens Property Insurance Corporation policy changes

As this is my first blog, I will assume no one has seen the recent policy changes that Citizens Property Insurance Corporation has just approved to their 2016 policy to curtail water damage claim costs. Some of the highlights are limiting coverage for emergency services and temporary repairs to an amount between $2,500 and $5,000 prior to reporting of the

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